Arrange for a permanent caretaker for children

1) Check the will to see if the deceased assigned a guardian (who cares for the child) and/or a conservator (in charge of managing the financial care)

  • The guardian and conservator may be the same person, or different people

  • If one parent is still alive, the second parent will get custody unless the court rules that person unfit

  • If you can’t find information, check with people who supported the care of the child/children. This could include a doctor or daycare. Also, check with the lawyer and accountant of the deceased.

  • You will need to go through a court to get guardianship and conservatorship approved

2) If you still can’t find information, the probate court will appoint a guardian to care for the child and a conservator to manage the financial needs based on the best interests of the child.

    • Ideally, the guardian will know the child well to help ease the transition during this traumatic time

    • Family members are preferred and have the right to petition the court for the appointment

    • A background check may be required to confirm that the guardian is suitable

    • You will need to go through a court to get the guardianship and conservatorship approved